If my friend hit the rails of the highway with my car while I was passed out in the passenger seat, am I liable for this?

UPDATED: Jan 9, 2012

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If my friend hit the rails of the highway with my car while I was passed out in the passenger seat, am I liable for this?

She held onto my keys for the night and insisted that she drive us back (I wasn’t quite sober). She wouldn’t take no for an answer (is this implied permission?) She fell asleep behind the wheel. We didn’t file a report that night. Both are insured but she refuses to give me her insurance information and claims to be hiring a lawyer to consult. Minor physical damage to the car.

Asked on January 9, 2012 under Accident Law, Maryland


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your friend was driving your vehicle and an accident happened caused by your friend, he or she is liable for the resulting damages to the vehicle that was being driven as well as to state/county/city property (guard rails).

Your friend's liability results regardless of the fact that you were passed out in the passenger seat. Under the laws of all states in this country, once your friend undertook the driving of the vehicle, she assumed all damages resulting from its use by her.

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